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In many Frye jurisdictions, soft science such as psychology and psychiatry enjoys an exemption from the general acceptance test. When a proponent offers expert testimony based on one of these disciplines, the trial judge may inquire whether the witness qualifies as an expert and whether the subject is beyond the ken of laypersons. However, the proponent need not demonstrate that the expert's theory or technique is generally accepted or has been empirically validated.
March 10, 2008 at 12:00 AM
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The original version of this story was published on National Law Journal
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